Judge rules California's ban on same-sex marriage is unconstitutional

(CNN) -- A federal judge in California on Wednesday overturned the state's ban on same-sex marriage, saying the voter-approved rule violated the constitutional rights of gays and lesbians.
The decision, issued by Chief U.S. District Judge Vaughn Walker in San Francisco, is an initial step in what will likely be a lengthy legal fight over California's Proposition 8, which defined marriage as a union between a man and a woman.
At stake in the trial was whether California's ban on same-sex marriage violated the constitutional rights to equal protection and due process of two gay couples that want to marry.
The case was watched closely by both supporters and opponents of same-sex marriage, as many say it is likely to wind its way up to the U.S. Supreme Court. If it does, the case could end in a landmark decision on whether people in the United States are allowed to marry people of the same sex.
"We are thrilled with today's ruling, which affirms that the protections enshrined in our U.S. Constitution apply to all Americans and that our dream of equality and freedom deserves protection," said Geoff Kors, executive director for Equality California, shortly after the decision.LINKS
PDF: Ruling on Proposition 8

Kristin Perry and Sandy Stier, along with Jeffrey Zarrillo and Paul Katami, are the two couples at the heart of the case, which if appealed would go next to the 9th U.S. Circuit Court of Appeals before possibly heading to the U.S. Supreme Court.
Outside a San Francisco courthouse, a small group of same-sex marriage supporters waited for the decision. They waved flags and carried signs that read: "We all deserve the freedom to marry." Rallies were planned for later in the day.
Proposition 8 is part of a long line of seesaw rulings, court cases, debates and protests in California over the hotly debated issue of same-sex marriage. It passed with some 52 percent of the vote in November 2008.
Prior to Wednesday's decision, Rick Jacobs, founder of the Campaign Courage, which supports same-sex marriage, said he was hopeful about the possibility of victory, but prepared for a long legal battle.
Same-sex marriage is currently legal in five U.S. states and in the District of Colombia. Civil unions are permitted in New Jersey.
"The significance of the case is earth-shattering," said Jacobs.

Jill Tucker, Chronicle Staff Writer
Friday, August 6, 2010(08-06) 17:04 PDT SAN FRANCISCO -- Gov. Arnold Schwarzenegger called today for the immediate restoration of same-sex marriage in California, urging the federal judge who overturned Proposition 8 to impose his ruling while the case moves through the higher courts.
Allowing gay and lesbian couples to marry "is consistent with California's long history of treating all people and their relationships with equal dignity and respect," said a legal brief written on behalf of Schwarzenegger.
Schwarzenegger was a named defendant in a lawsuit brought by two same-sex couples and the city of San Francisco that prompted a nonjury federal trial on Proposition 8. However, he remained neutral during the trial.
Chief U.S. District Judge Vaughn Walker ruled Wednesday that the November 2008 ballot measure, defining marriage as between a man and a woman, is unconstitutional because it discriminates on the basis of sexual orientation.
Attorney General Jerry Brown, who is running for governor, also filed arguments Friday against extending a stay of Walker's ruling. Referring to the ban on same-sex marriage, Brown's filing stated that "the public interest weighs against its continued enforcement."
Supporters of Prop. 8 have asked for Walker to stay his ruling while it is appealed to the Ninth U.S. Circuit Court of Appeals.
Written arguments relating to a possible stay were due today, though a hearing has not been scheduled and Walker has not said when he will make a decision.
E-mail Jill Tucker at jtucker@sfchronicle.com.

there should be no law on gaysm(is that a word?). these are extremely personal issues. no one not even the government has the right to dictate what anyone of us does in the privacy of our own bedrooms. wether people want to marry their fellow gay patner that is up to them. i know this might be hard for some of you religious folks but if we are ever going to separate shurch and state this would be a great place to start.

what the gays have to understand is that as long as they continue to politicize this issue then they should be sure that everytime they will lose because most societies are anti gay. the gays should also remember that wether they like it or not most societies are anti gay and very hostile to gays so the gays should be aware of their society and be very careful in the way they talk, dress and interact in public. example, if you are gay and live in san francisco u are pretty much free to express urself in anyway but if u are gay and live in a non urban area of california you should be more careful expressing urself. in short, gays should be mindful of their environs. i know it is not fair but that is the reality

we human beings sometimes have to avoid trying to act like God. we are not God so we dont gudge one another. we dont have to accept gays in our societies but we should not judge them either. God will do the judging.